The Tenth Circuit held that the Forest Service's decision to eliminate an alternative from its study of an exception to the Colorado Roadless Rule that allowed coal mining on previously protected national forest land near the North Fork of the Gunnison River was arbitrary and capricious. Environment...
A district court granted in part and denied in part motions to compel discovery in a challenge to the Federal Highway Administration's (FHwA's), U.S. Army Corps of Engineers', and EPA's approval of permits for construction of a new interstate highway from North Carolina to Myrtle Beach. An environme...
NEPA is not about my agenda or your agenda. It is about solutions that work for all of us. This Comment offers a litmus test. The first section explains the promise NEPA makes to each of us, describing the integration, information, and inclusion that NEPA brought to our federal statutory framework in a way not previously seen and describing how NEPA enhances our democracy by holding the government accountable to the people it serves—by giving the public a right to information, as well as the right to provide information.
The Second Circuit affirmed denial of a challenge to NPS' approval of a white-tailed deer management plan for the Fire Island National Seashore. An animal rights group argued that NPS violated NEPA because it lacked information about deer movement on the island that was essential to the decisionmaki...
The Tenth Circuit vacated EPA orders that granted extensions of exemptions under the CAA's renewable fuels program for three small refineries. Industry groups challenged the orders, arguing that EPA failed to honor the statutory requirement of an "extension" by confusing an extension of an exemption...
A district court denied a request to invalidate BLM's approval of exploratory drilling in the National Petroleum Reserve-Alaska (NPR-A). Environmental groups and a Native village first argued that BLM's EA failed to account for significant impacts to caribou and subsistence activities, in violation ...
A district court granted in part and denied in part a motion for summary judgment in a challenge to the U.S. Forest Service's approval of a mining company's permit to explore for gold in the Caribou-Targhee National Forest. Environmental groups first argued that the Forest Service violated NEPA by f...
A district court vacated exempted fishing permits issued by NMFS that allowed two vessels to engage in commercial longline fishing in federal waters off the coast of California for two years. Environmental groups contended that the permits threatened the survival and recovery of Pacific leatherback ...
A district court denied EPA's request to stay a previous order requiring it to comply with its 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. Eight states had argued that the Agency failed to implement and enforce the guidelines by, among other things, failing to ...